Disclaimer: This is not legal advice. It is for informational purposes only. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
If you discover factual errors or omissions in a law enforcement report in Louisiana, you can request a correction by following these steps.
- Identify the Report and Agency. Note the report number, date, and name of the officer or unit (e.g., New Orleans Police Department Records Division or Louisiana State Police Troop A).
- Review Your Rights Under Louisiana Public Records Law. Louisiana’s Public Records Law (R.S. 44:1 et seq.) governs access to and amendment of public records. See R.S. 44:1 (www.legis.la.gov/Legis/Law.aspx?d=80766).
- Gather Supporting Evidence. Collect any documents that prove the information is incorrect—photographs, medical records, witness statements or audio/video files.
- Draft a Written Correction Request. Include:
- Your full name and contact information.
- The report number, date and officer’s name.
- A clear description of each error and the correct fact.
- Copies of supporting evidence.
- Submit to the Records Division. Send your request by certified mail, email or in person to the agency’s Records or Public Information Office. Keep proof of delivery.
- Agency Review. By law, agencies should review public records requests promptly. The Records Division or Internal Affairs will evaluate your evidence. They may:
- Correct typographical or clerical errors directly in the report.
- Add an addendum or separate memorandum if substantive facts remain disputed.
- Follow Up and Appeal. If you receive no response within 30 days or if the agency denies your request, you can:
- Send a written appeal to the agency head (Chief of Police, Sheriff or Colonel of State Police).
- File a complaint with the Louisiana Commission on Law Enforcement (no statute governs corrections; the commission handles officer misconduct).
- Consider Expungement if Applicable. If the report relates to an arrest that did not lead to conviction, you may seek expungement under R.S. 44:9 (www.legis.la.gov/Legis/Law.aspx?d=97358).
Helpful Hints
- Ask the agency for a timeline in writing and note all deadlines.
- Keep digital and paper copies of every communication and document.
- Use clear, concise language in your written request.
- Be polite and professional; many corrections involve clerical mistakes.
- If the agency denies substantive changes, consider legal counsel to explore a court order for amendment.